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01-703Council File # 01-'l0'3 OR1G11�AL Green Sheet # 106164 l Presented by_ Referred To Committee Date 1 WI�REAS, the Legislative Hearing Officer recommends tha# the license applicafion (ID # 20010001360) for 2 Ma1t On Sale (Strong), Wine On Sale, and Restaurant Licenses by Mazgie Cheng, owner, dba In Cuisine, 917 Grand Avenue, be approved; 4 THEREFORE, BE IT RESOLVED, that the Council ofthe City of Saint Paul hereby approves this license 5 application. 10 11 12 13 Yeas Nays Absent Blakey � Coleman � Hazris � Benanav ✓ ReiYer � Bostrom � L�� ✓ S C � 14 Adopted by Council: Date ` c� � 15 ` 16 Adoption Ce ied by CouncII Secr 17 By: �_ c� _ � --�o.---_� 18 Approved by Mayor: Date `1Vl�YJ �T/ ��� — 19 By: Requested by Department of: � Fozm Approved by City Attorney � Approved by Mayor for Submission to CouncIl � City Council Offices I�ACT Pff2SON & R10NE Gerry Strathman, 266-856Q ���� ot-'lo3 �-s-zoo� GREfN SHEET No i 06164 ROIITYIG ORD9t TOTAL # OF SIGNATURE PAGES u��� u�� ❑ q1YATOOEY ❑ CTlCL6UC ❑ RMNG6LIBIVCEiOR ❑ HMMGLi ❑MllOR(ORAiYlNR) ❑ (CI�P ALL LOCA710NS FOR SIGNATURE) Approving application for Malt On Sale (Strong), Wine On Sale, and Restaurant Licenses by Margie Cheng, owner, dba In Cuisine, 917 Grand L�venue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION IF IF IF OF TRANSACTION i (�WM Hnthis Pe}soMUm erer wqked uMm a contract �r1Ma depaRmenl't VFS NO Hes mis Veisaufirm msr been a eity emobYce9 YES � Daes this Oewuilfiim P�eea a sk'G rd noima��YD�ed bY anY cuneM �y empbyee? YES NO Is Mie parea�firm a�arDeted veMM YES NO ` •, k : jj COST/R@VQ7UE BUDGETm (GRCLE ON� VES NO ACTNITY NUMBER � O�-'to3 MINUTES OF Tf� LEGISLATIVE HEARING IN CiTISINE - 917 GRAND AVENUE Monday, July 2, 2001 Room 33� Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 2:02 p.m. STAFF PRESENT: JeffHawkins, LIEP (License, Inspections, Bnvironmental Protection); Christine Rozek, LIEP Gerry Strathman stated this meeting is being held to heaz objections that have been raised regazding the issuance of licenses to In Cuisine. Christine Rozek reported this is an application for Restaurant B, On Sale Strong Beer, and Wine On Sale Licenses by In Cuisine at 917 Grand Avenue. LIEP is requesting no special conditions be placed on the license. The applicant has met fire, zoning, environmental health, and license requirements. There are no pending adverse actions against these licenses. LIEP's recommendation is for approval of this license application. Richard Plagens, 885 Lincoln Avenue, appeared and stated he was here a yeaz ago about another license on the same block on Grand Avenue. His residence is on the other side of the alley from Crrand. Behind the businesses on Grand Avenue from Milton and Victoria Streets are private homes and a church with a daycare center. Across the street are apartment buildings and a new ma11 being built. This area has six on sale licenses for beer or wine or service bar plus two off sale licenses. This excessive concentration of licenses is incompatible with the nature of this area. Mr. Plagens has no specific lrnowledge of this restaurant and has no reason to believe it will not be run appropriately. At some point, however, it would appear the City would have to do some kind of regulating as to how many liquor licenses will be granted in such a small area, which is primarily residential. Mr. Plagens asked is the license transferable. Ms. Rozek responded no licenses are transferable. Mr. Plagens went on to say that the previous tenant was a Leeann Chin Restaurant, which was primarily a take out facility. They had on sale beer and wine license. In Cuisine is more of a sit down facility. On behalf of his neighbars and his family, he asks that the City deny this license far two reasons: 1) his neighborhood already has a large number of licenses, 2) it is incompatible with a neighborhood that is prnnarily residential, Mr. Strathman asked are there any City policies with respect to concentration of licenses. Mr. Plagens responded he cannot site a code, but the underlying rationale behind the licensing provision is to make sure it is compatible with all circumstances. He would assume that the City finds a difference between adding additional licenses to a shopping center as opposed to a business that is located in residential azeas. O�-'1o3 IN CITISINE - LEGISLATIVE HEARING MINLJT'ES - JLTLY 2, 2001 Page 2 Mr. Strathmau stated Mr. Plagens is lazgely talldng about zoning. Jeff Hawkins responded most of Grand is B2C which is residential converted to business. There is a pazking problem everywhere on Crrand. There was sit down restauLant previously at this location. The square footage was not figured as a take out restauraut. All of B2C is figured as 1 pazking space for every 400 square feet. That could be revisited someday by the legislature. Mr. Strathman asked does tlus zoning district limit the number of the liquor licenses that can be issued. NIr. Hawkins responded no. Also, this is not considered a liquor license. Ms. Rozek responded the State of Miuuesota controls the number of off sale licenses thax are issued, which is one per 5,000 people in Saint Paul, but it does not control where the off sales are located. The number of on sale licenses per ward was frozen in 1985. If the owner wanted to apply for an on sale liquor license, she could not get it because none aze auailable along Crrand Avenue or in that wazd. Wine and beer are considered to be a little less than an on sale license. There is no regulation as to where they can be other than meeting the requirements of health, fire, food service, pazking, etc. Mr. Plagens stated it is basically unlimited for beer and wine licenses, and he could have 20 on his block. Some discretion should be used. The following appeared: Margie Cheng, owner, and Rob Stolpestad, Exeter Realty Company. Mr. Stolpestad stated he is the owner of the building where Itt Cuisine would be located. Ms. Cheng stated she brought in photographs of her restaurant and some menus. Mr. Stolpestad stated Mr. Plagens raised some lazger picture issues about Crrand Avenue. Those concerns are not pertinent to this appiicant. The prior user was a Leeann Chin Restaurant, which had been there since 1985 and operated the space in a first class manner. The majority of their sales were sit in. Leeann Chin was required to report sales to the landlord. Over 85% of their sales were eat in business. In Cuisine will be a similar use. Ms. Cheng stated the food is good to accompany with wine. It will help people enjoy their meal. Gerry Strathman recommends approval of the license application. Mr. Plagens raised a legitimate public policy issue here. It may be in Mr. Plagens interest to talk to Councilmembers with respect to his perceived need to limit control of the licenses in this area. Given the current state of the law, Mr. Strathxnan does not feel he has any option except to recommend approval. The meeting was adjourned at 2:17 p.m. � Council File # 01-'l0'3 OR1G11�AL Green Sheet # 106164 l Presented by_ Referred To Committee Date 1 WI�REAS, the Legislative Hearing Officer recommends tha# the license applicafion (ID # 20010001360) for 2 Ma1t On Sale (Strong), Wine On Sale, and Restaurant Licenses by Mazgie Cheng, owner, dba In Cuisine, 917 Grand Avenue, be approved; 4 THEREFORE, BE IT RESOLVED, that the Council ofthe City of Saint Paul hereby approves this license 5 application. 10 11 12 13 Yeas Nays Absent Blakey � Coleman � Hazris � Benanav ✓ ReiYer � Bostrom � L�� ✓ S C � 14 Adopted by Council: Date ` c� � 15 ` 16 Adoption Ce ied by CouncII Secr 17 By: �_ c� _ � --�o.---_� 18 Approved by Mayor: Date `1Vl�YJ �T/ ��� — 19 By: Requested by Department of: � Fozm Approved by City Attorney � Approved by Mayor for Submission to CouncIl � City Council Offices I�ACT Pff2SON & R10NE Gerry Strathman, 266-856Q ���� ot-'lo3 �-s-zoo� GREfN SHEET No i 06164 ROIITYIG ORD9t TOTAL # OF SIGNATURE PAGES u��� u�� ❑ q1YATOOEY ❑ CTlCL6UC ❑ RMNG6LIBIVCEiOR ❑ HMMGLi ❑MllOR(ORAiYlNR) ❑ (CI�P ALL LOCA710NS FOR SIGNATURE) Approving application for Malt On Sale (Strong), Wine On Sale, and Restaurant Licenses by Margie Cheng, owner, dba In Cuisine, 917 Grand L�venue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION IF IF IF OF TRANSACTION i (�WM Hnthis Pe}soMUm erer wqked uMm a contract �r1Ma depaRmenl't VFS NO Hes mis Veisaufirm msr been a eity emobYce9 YES � Daes this Oewuilfiim P�eea a sk'G rd noima��YD�ed bY anY cuneM �y empbyee? YES NO Is Mie parea�firm a�arDeted veMM YES NO ` •, k : jj COST/R@VQ7UE BUDGETm (GRCLE ON� VES NO ACTNITY NUMBER � O�-'to3 MINUTES OF Tf� LEGISLATIVE HEARING IN CiTISINE - 917 GRAND AVENUE Monday, July 2, 2001 Room 33� Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 2:02 p.m. STAFF PRESENT: JeffHawkins, LIEP (License, Inspections, Bnvironmental Protection); Christine Rozek, LIEP Gerry Strathman stated this meeting is being held to heaz objections that have been raised regazding the issuance of licenses to In Cuisine. Christine Rozek reported this is an application for Restaurant B, On Sale Strong Beer, and Wine On Sale Licenses by In Cuisine at 917 Grand Avenue. LIEP is requesting no special conditions be placed on the license. The applicant has met fire, zoning, environmental health, and license requirements. There are no pending adverse actions against these licenses. LIEP's recommendation is for approval of this license application. Richard Plagens, 885 Lincoln Avenue, appeared and stated he was here a yeaz ago about another license on the same block on Grand Avenue. His residence is on the other side of the alley from Crrand. Behind the businesses on Grand Avenue from Milton and Victoria Streets are private homes and a church with a daycare center. Across the street are apartment buildings and a new ma11 being built. This area has six on sale licenses for beer or wine or service bar plus two off sale licenses. This excessive concentration of licenses is incompatible with the nature of this area. Mr. Plagens has no specific lrnowledge of this restaurant and has no reason to believe it will not be run appropriately. At some point, however, it would appear the City would have to do some kind of regulating as to how many liquor licenses will be granted in such a small area, which is primarily residential. Mr. Plagens asked is the license transferable. Ms. Rozek responded no licenses are transferable. Mr. Plagens went on to say that the previous tenant was a Leeann Chin Restaurant, which was primarily a take out facility. They had on sale beer and wine license. In Cuisine is more of a sit down facility. On behalf of his neighbars and his family, he asks that the City deny this license far two reasons: 1) his neighborhood already has a large number of licenses, 2) it is incompatible with a neighborhood that is prnnarily residential, Mr. Strathman asked are there any City policies with respect to concentration of licenses. Mr. Plagens responded he cannot site a code, but the underlying rationale behind the licensing provision is to make sure it is compatible with all circumstances. He would assume that the City finds a difference between adding additional licenses to a shopping center as opposed to a business that is located in residential azeas. O�-'1o3 IN CITISINE - LEGISLATIVE HEARING MINLJT'ES - JLTLY 2, 2001 Page 2 Mr. Strathmau stated Mr. Plagens is lazgely talldng about zoning. Jeff Hawkins responded most of Grand is B2C which is residential converted to business. There is a pazking problem everywhere on Crrand. There was sit down restauLant previously at this location. The square footage was not figured as a take out restauraut. All of B2C is figured as 1 pazking space for every 400 square feet. That could be revisited someday by the legislature. Mr. Strathman asked does tlus zoning district limit the number of the liquor licenses that can be issued. NIr. Hawkins responded no. Also, this is not considered a liquor license. Ms. Rozek responded the State of Miuuesota controls the number of off sale licenses thax are issued, which is one per 5,000 people in Saint Paul, but it does not control where the off sales are located. The number of on sale licenses per ward was frozen in 1985. If the owner wanted to apply for an on sale liquor license, she could not get it because none aze auailable along Crrand Avenue or in that wazd. Wine and beer are considered to be a little less than an on sale license. There is no regulation as to where they can be other than meeting the requirements of health, fire, food service, pazking, etc. Mr. Plagens stated it is basically unlimited for beer and wine licenses, and he could have 20 on his block. Some discretion should be used. The following appeared: Margie Cheng, owner, and Rob Stolpestad, Exeter Realty Company. Mr. Stolpestad stated he is the owner of the building where Itt Cuisine would be located. Ms. Cheng stated she brought in photographs of her restaurant and some menus. Mr. Stolpestad stated Mr. Plagens raised some lazger picture issues about Crrand Avenue. Those concerns are not pertinent to this appiicant. The prior user was a Leeann Chin Restaurant, which had been there since 1985 and operated the space in a first class manner. The majority of their sales were sit in. Leeann Chin was required to report sales to the landlord. Over 85% of their sales were eat in business. In Cuisine will be a similar use. Ms. Cheng stated the food is good to accompany with wine. It will help people enjoy their meal. Gerry Strathman recommends approval of the license application. Mr. Plagens raised a legitimate public policy issue here. It may be in Mr. Plagens interest to talk to Councilmembers with respect to his perceived need to limit control of the licenses in this area. Given the current state of the law, Mr. Strathxnan does not feel he has any option except to recommend approval. The meeting was adjourned at 2:17 p.m. � Council File # 01-'l0'3 OR1G11�AL Green Sheet # 106164 l Presented by_ Referred To Committee Date 1 WI�REAS, the Legislative Hearing Officer recommends tha# the license applicafion (ID # 20010001360) for 2 Ma1t On Sale (Strong), Wine On Sale, and Restaurant Licenses by Mazgie Cheng, owner, dba In Cuisine, 917 Grand Avenue, be approved; 4 THEREFORE, BE IT RESOLVED, that the Council ofthe City of Saint Paul hereby approves this license 5 application. 10 11 12 13 Yeas Nays Absent Blakey � Coleman � Hazris � Benanav ✓ ReiYer � Bostrom � L�� ✓ S C � 14 Adopted by Council: Date ` c� � 15 ` 16 Adoption Ce ied by CouncII Secr 17 By: �_ c� _ � --�o.---_� 18 Approved by Mayor: Date `1Vl�YJ �T/ ��� — 19 By: Requested by Department of: � Fozm Approved by City Attorney � Approved by Mayor for Submission to CouncIl � City Council Offices I�ACT Pff2SON & R10NE Gerry Strathman, 266-856Q ���� ot-'lo3 �-s-zoo� GREfN SHEET No i 06164 ROIITYIG ORD9t TOTAL # OF SIGNATURE PAGES u��� u�� ❑ q1YATOOEY ❑ CTlCL6UC ❑ RMNG6LIBIVCEiOR ❑ HMMGLi ❑MllOR(ORAiYlNR) ❑ (CI�P ALL LOCA710NS FOR SIGNATURE) Approving application for Malt On Sale (Strong), Wine On Sale, and Restaurant Licenses by Margie Cheng, owner, dba In Cuisine, 917 Grand L�venue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSION IF IF IF OF TRANSACTION i (�WM Hnthis Pe}soMUm erer wqked uMm a contract �r1Ma depaRmenl't VFS NO Hes mis Veisaufirm msr been a eity emobYce9 YES � Daes this Oewuilfiim P�eea a sk'G rd noima��YD�ed bY anY cuneM �y empbyee? YES NO Is Mie parea�firm a�arDeted veMM YES NO ` •, k : jj COST/R@VQ7UE BUDGETm (GRCLE ON� VES NO ACTNITY NUMBER � O�-'to3 MINUTES OF Tf� LEGISLATIVE HEARING IN CiTISINE - 917 GRAND AVENUE Monday, July 2, 2001 Room 33� Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 2:02 p.m. STAFF PRESENT: JeffHawkins, LIEP (License, Inspections, Bnvironmental Protection); Christine Rozek, LIEP Gerry Strathman stated this meeting is being held to heaz objections that have been raised regazding the issuance of licenses to In Cuisine. Christine Rozek reported this is an application for Restaurant B, On Sale Strong Beer, and Wine On Sale Licenses by In Cuisine at 917 Grand Avenue. LIEP is requesting no special conditions be placed on the license. The applicant has met fire, zoning, environmental health, and license requirements. There are no pending adverse actions against these licenses. LIEP's recommendation is for approval of this license application. Richard Plagens, 885 Lincoln Avenue, appeared and stated he was here a yeaz ago about another license on the same block on Grand Avenue. His residence is on the other side of the alley from Crrand. Behind the businesses on Grand Avenue from Milton and Victoria Streets are private homes and a church with a daycare center. Across the street are apartment buildings and a new ma11 being built. This area has six on sale licenses for beer or wine or service bar plus two off sale licenses. This excessive concentration of licenses is incompatible with the nature of this area. Mr. Plagens has no specific lrnowledge of this restaurant and has no reason to believe it will not be run appropriately. At some point, however, it would appear the City would have to do some kind of regulating as to how many liquor licenses will be granted in such a small area, which is primarily residential. Mr. Plagens asked is the license transferable. Ms. Rozek responded no licenses are transferable. Mr. Plagens went on to say that the previous tenant was a Leeann Chin Restaurant, which was primarily a take out facility. They had on sale beer and wine license. In Cuisine is more of a sit down facility. On behalf of his neighbars and his family, he asks that the City deny this license far two reasons: 1) his neighborhood already has a large number of licenses, 2) it is incompatible with a neighborhood that is prnnarily residential, Mr. Strathman asked are there any City policies with respect to concentration of licenses. Mr. Plagens responded he cannot site a code, but the underlying rationale behind the licensing provision is to make sure it is compatible with all circumstances. He would assume that the City finds a difference between adding additional licenses to a shopping center as opposed to a business that is located in residential azeas. O�-'1o3 IN CITISINE - LEGISLATIVE HEARING MINLJT'ES - JLTLY 2, 2001 Page 2 Mr. Strathmau stated Mr. Plagens is lazgely talldng about zoning. Jeff Hawkins responded most of Grand is B2C which is residential converted to business. There is a pazking problem everywhere on Crrand. There was sit down restauLant previously at this location. The square footage was not figured as a take out restauraut. All of B2C is figured as 1 pazking space for every 400 square feet. That could be revisited someday by the legislature. Mr. Strathman asked does tlus zoning district limit the number of the liquor licenses that can be issued. NIr. Hawkins responded no. Also, this is not considered a liquor license. Ms. Rozek responded the State of Miuuesota controls the number of off sale licenses thax are issued, which is one per 5,000 people in Saint Paul, but it does not control where the off sales are located. The number of on sale licenses per ward was frozen in 1985. If the owner wanted to apply for an on sale liquor license, she could not get it because none aze auailable along Crrand Avenue or in that wazd. Wine and beer are considered to be a little less than an on sale license. There is no regulation as to where they can be other than meeting the requirements of health, fire, food service, pazking, etc. Mr. Plagens stated it is basically unlimited for beer and wine licenses, and he could have 20 on his block. Some discretion should be used. The following appeared: Margie Cheng, owner, and Rob Stolpestad, Exeter Realty Company. Mr. Stolpestad stated he is the owner of the building where Itt Cuisine would be located. Ms. Cheng stated she brought in photographs of her restaurant and some menus. Mr. Stolpestad stated Mr. Plagens raised some lazger picture issues about Crrand Avenue. Those concerns are not pertinent to this appiicant. The prior user was a Leeann Chin Restaurant, which had been there since 1985 and operated the space in a first class manner. The majority of their sales were sit in. Leeann Chin was required to report sales to the landlord. Over 85% of their sales were eat in business. In Cuisine will be a similar use. Ms. Cheng stated the food is good to accompany with wine. It will help people enjoy their meal. Gerry Strathman recommends approval of the license application. Mr. Plagens raised a legitimate public policy issue here. It may be in Mr. Plagens interest to talk to Councilmembers with respect to his perceived need to limit control of the licenses in this area. Given the current state of the law, Mr. Strathxnan does not feel he has any option except to recommend approval. The meeting was adjourned at 2:17 p.m. �